LAWS(BOM)-1994-8-17

BABURAO PARASHURAM UKHARDE Vs. LAXMIBAI

Decided On August 05, 1994
BABURAO PARASHURAM UKHARDE Appellant
V/S
LAXMIBAI, PARASHURAM UKHARDE Respondents

JUDGEMENT

(1.) THIS is an appeal against decree dated 16 April, 1980 passed by the Court of the Joint Civil Judge, Senior Division, Nasik at Nasik in Special Suit No. 126 of 1975. The original appellant in this appeal was original defendant No. 1 in the suit. During pendency of the appeal, the original defendant No. 1 died. The appeal is being prosecuted by the heirs and legal representatives or original appellant. During the pendency of the appeal, the respondent No. 1 in this appeal i. e. the original plaintiff Smt. Laxmibai w/o Parashuram Ukharde also died. The heirs and legal representatives of Smt. Laxmibai are on record of this appeal as respondent Nos. 1-A and 1-B.

(2.) ONE Parashuram Ukharde was the karta of Joint Hindu Family which owned several properties. Parashuram was karta of the said family. Parashuram married one Zawarabai (nee Laxmibai) daughter of Shri Punja Jadhav. Parashuram had two sons from Zawarabai by name Baburao and Devram and two daughters by name Nanibai and one Saniyabai. Soniyabai dies. Sometimes in the year 1936, Zawarabai died. It was the case of the original plaintiffs before the trial Court in Suit No. 126 of 1975 and it is believable that soon thereafter Parashuram married one Laxmibai (the original plaintiff ). Parashuram and Laxmibai resided and cohabited together as husband and wife for many years right upto the date of death of Parashuram. Purashuram died sometime in the year 1950. Parashuram had number of children from Laxmibai i. e. , three daughters by name Chhayabai, Sakhubai alais Mamalabai and Haribai alias Tarabai an one son by name Kasinath. It was the case of the original plaintiff in the trial Court that after death of Parashuram, the original plaintiff by name Laxamibai started residing with his step son Baburao who took over as karta of the joint family. Baburao was elder son of Parashuram. Deoram younger son of Parashuram from his first wife Zawarabai lost his first wife soon after the marriage. Deoram had thereafter married one Yamunabai alias Renukabai (original defendant No. 2) in Suit No. 126 of 1975 ). On 15th November, 1962, Deoram died. After three to four months of the death of Deoram, his widow Yamunabai remarried a person by name Gotiram Ramchandra. Disputes and differences arose between Laxmibai and Baburao. Laxmibai started residing with his step daughter Nanibai and later in with her own daughter. By her advocates letter dated 9th July, 1973 (Exh. 73), Laxmibai (the original plaintiff) served a notice in Baburao Parashuram (defendant No. 1) seeking one half share in the ancestral and other properties of Parashuram virtue of Laxmibai being lawful widow of Parashuram. By his Advocates letter dated 17th July, 1973, (Exh. 75), the defendant No. 1 refudiated the claim of Laxmibai.

(3.) IN this situation, on or about 2nd August, 1973, Laxmibai presented an application to sue Baburao Parashuram in forma pauperis before the Civil Judge, Senior Division, Nasik seeking partition and separation of her share in the ancestral and other properties of the deceased. At that stage, Baburao Parashuram was the only defendant in the said application. The said application was granted by the trial Court after holding of necessary enquiry. Sometime in August 1975, the application in forma pauperis was registered as a suit. On 14th December, 1978, Yamunabai alais Renukabai was impleaded as defendant No. 2 in the suit. At the stage, the plaint filed in the said suit was amended. The defendants filed their written statement in response to the original plaint and also filed additional written statements in view of the amendment of the plaint.